My Mom passed away without a will. Mom wanted her house sold and divided between us children. My sister is letting het daughter stay in Moms house and refuses to sell the house and my brother doesnt care. What can I do

David Weaver | Mar 2, 2020 | Category: Courthouse

Newport News Circuit Court - All questions

Address: 2500 Washington Ave, Newport News, VA 23607, USA

David Weaver | Mar 3, 2020

Thank you very much sir

Mark Vecchio | Mar 3, 2020

Mister Weaver I am sorry for your loss. You may or may not have heard the phrase "Next Of Kin" before? Well in this case without a Will, the Next Of Kin would be the person(s) entitled to ownership of the home, and thus decision-making thereof. If your dad or step dad is no longer living, Next of Kin would be the children of your mom. Despite what some may believe, Next of Kin is not considered the oldest child either. ALL siblings have equal power in this matter and if a agreement could NOT be reached, you or any of your siblings have the right to petition a court to set a hearing date so a judge can decide Next of Kin Privledges, and it is pretty safe to say, unless there is a reason a judge would discover to not grant Next of Kin rights to each sibling, then based on the Laws of Next of Kin judge's decision would be rendered accordingly. 9 times out of 10 the most reasonable as well as sensible way to equally divide the home after this would be to sell it. Good Luck!

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